Edge v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 18th day of June, 1900, upon the verdict of a jury for $1,250, and also from an order entered in said clerk’s office on the 18th day of July, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J. r
The plaintiff was driving a team of horses attached to a furniture van up Third avenue, Manhattan, upon which the" defendant operated its railroad. He .was on the east or right-hand side of the avenue, and at Thirty-eighth street, where the avenue was torn up so as to prevent his continuing on that side, he turned his horses to cross the defendant’s tracks. While in the act of crossing the west track the right hind wheel of the van was struck by a car going south, and he was thrown off and received injuries.
It is not necessary to narrate the other facts, as the evidence was…
2Cases cited2 opinions
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Rhodes v. LewinAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Vetter v. ReinWisconsin Supreme Court · 1931
- McDonald v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
- Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
- Oats v. New York Dock Co.Appellate Division of the Supreme Court of the State of New York · 1904
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